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-r x BEACH RE-NOURISHMENT USE AGREEMENT BETWEEN BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND INDIAN RIVER COUNTY, FLORIDA Use Agreement No. U-0354 THIS USE AGREEMENT ("use agreement") is hereby made and entered into by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "GRANTOR", MdL;NDIAN ER COUNTY, FLORIDA, hereinafter referred to as "GRANTEE" on this __6_L_ dayofJAni4sLrj 2008. WITNESSETH WHEREAS, GRANTOR is the owner of the hereinafter described real estate property, commonly known as Sebastian Inlet State Park ("Park" or "premises"), which is managed by the Slate of Florida Department of Environmental Protection, Division of Recreation and Parks ("DRP") under GRANTOR' S Lease No. 2457; and WHEREAS, GRANTEE is embarking upon a shore protection project ("project') in the Park; and WHEREAS, in undertaking the project, GRANTEE desires to temporarily place and maintain pipeline and equipment upon certain portions of the Park, place beach quality sand on the beach in the park, and obtain a beach assess corridor as depicted in Exhibit "A" attached hereto and made part hereof; and WHEREAS, DRP has agreed to the proposed use of the Park under this use agreement. NOW THEREFORE, in consideration of the faithful and timely performance of and compliance with all the terms and conditions stated herein, GRANTOR has entered into this use agreement with GRANTEE to allow GRANTEE to use a certain portion of the Park, in Indian River County, Florida, as depicted in Exhibit "A" of this use agreement subject to the following terms and conditions: I . DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection, pursuant to Chapter 18-2, Florida Administrative Code, and applicable delegations of authority. 2. TERM: The use agreement commences on the execution date of this use agreement and ends on May I , 2008, unless sooner terminated by GRANTOR or otherwise extended in writing by both parties to this use agreement. - 3. EXTENT OF AGREEMENT: This use agreement covers the use of the premises for the purposes of construction, operation and maintenance of a sand transmission pipeline and placing dredged materials in a certain area within that portion of the Park as depicted in Exhibit "A" of this use agreement. 4. UNDUE WASTE : GRANTEE shall not commit undue waste to the premises. Existing beach/dune vegetation shall be disturbed only to the minimum extent necessary for construction, construction access, and other permitted activities as determined at the preconstruction meeting between GRANTEE and the park manager of the Park ("Park Manager') and/or other representatives of DRP. Upon completion or termination of the project, GRANTEE, at its sole cost and expense, shall restore landscape features and coastal vegetation damaged during construction to pre-existing or better condition to the satisfaction of the Park Manager. Vegetation shall be replaced with plants of same species or, by authorization of the Park Manager with other indigenous salt resistant vegetation suitable for beach and dune stabilization. 5 . COORDINATION WITH PARK MANAGER: All activities of GRANTEE under this use agreement shall be coordinated with the Park Manager through an onsite preconstruction meeting and through communication with GRANTEE. Project specifies, including location of staging areas, use of park roads for Page 1 of 7 Use Agreement U-0354